How to File a Claim for the NIBCO PEX Tubing Settlement

If you’ve heard about the recent NIBCO PEX Tubing settlement and are wondering how to submit a claim, you’ve come to the right place. The settlement is still awaiting final approval from a judge, but those affected can start submitting claims now. Read on to find out what you need to know.

How do I submit a claim?

Under the settlement website’s important documents list, you’ll find a “claim form.” Simply follow the instructions on the form to submit your claim.

Keep in mind that it may take several months for your claim to be investigated and processed.

Who is eligible to submit a claim?

If you have, anytime since January 1, 2005, owned or occupied a residential or commercial structure containing NIBCO’s PEX tubing, fittings, or clamps and have unreimbursed costs from a water leak, or if you’ve repaired or paid to repair the damage, you may be eligible to submit a claim.

The settlement excludes leaks caused by improper installation or anything for which the products themselves weren’t at fault, such as nails that may have poked through the tubing.

For more specifics on who’s included in the settlement, as well as certain exclusions, check out the settlement website.

Which NIBCO products are included in the lawsuit?

The products covered in the lawsuit are NIBCO tubing, fittings, and clamps that were used in residential and commercial plumbing, including for hot and cold water distribution.

Tubing: “PEX tubing manufactured or sold by NIBCO in the United States using (or labeled by NIBCO as using) its 1006 formulation and used in residential or commercial structures, including NIBCO NEXT-Pure Tubing, NIBCO DURA-PEX Tubing, and NIBCO.”

Fittings: “ASTM F1807 yellow brass fittings manufactured or sold by NIBCO in the United States for use in PEX applications and used in residential or commercial structures.”

Clamps: “Stainless steel clamps manufactured or sold by NIBCO in the United States for use in PEX applications and used in residential or commercial structures.”

The tubing was manufactured until 2012, and the fittings and clamps were manufactured until 2015, though most of the parts were sold by the end of 2012.

What can I get if I file a claim?

The $43.5 million settlement fund seeks to compensate class members for “reasonably proven property damage” caused by leaky NIBCO products.

That means you could be reimbursed for the cost of repairing or replacing NIBCO PEX products and any surrounding property that suffered water damage because of a leak, plus the cost of labor.

The settlement not only covers past damage but also allows class members to submit claims for leaks that occur up to six years after the settlement’s effective date, which has yet to be finalized.

If you’ve experienced three or more leaks because of the affected products, you have the option of requesting payment covering a re-plumb of your residence. The re-plumb provides $600 per full plumbing fixture (e.g., sink, washing machine, shower) and $300 per half-fixture (e.g., dishwasher, icemaker line, toilet), up to a $16,000 maximum. For a full list of qualifying fixtures and half-fixtures, check out this document on the settlement website.

Each eligible claimant will receive between 25 percent and 70 percent of his or her claimed losses, depending on how many people submit claims.

Do I need to submit any proof with my claim?

If you want to receive compensation for any property damage you’ve suffered, you’ll need to submit proof of what you’ve paid for or the estimated cost of your repairs. Documentation like receipts, invoices, expense records, credit card statements, repair estimates, bids, and “other readily available” cost indications are acceptable.

The claim form has more specific information about what’s required with your claim, so make sure you read it carefully and attach all the requested documentation.

When is the deadline for submitting a claim?

Claim forms are due 150 days after the settlement’s effective date, which will be established when the settlement receives final approval. The settlement website will be updated with deadline information after the final approval hearing, so keep checking back.

(Keep in mind that you can begin submitting claims immediately, even though the settlement hasn’t reached final approval.)

If a leak occurs between the effective date and up to six years from then, the claim form will be due 150 days after the leak occurs.

What happens if I don’t submit a claim?

If you’re included in the settlement class and you don’t submit a claim, you will not receive any benefits from the settlement, and you will forfeit your right to pursue your own lawsuit against NIBCO.

If you’d like to preserve your right to sue NIBCO over the issue, you will need to opt out, or exclude yourself, from the settlement. Instructions on how to opt out will be available on the settlement website once the settlement is approved.

You may also object to the settlement if you are unsatisfied with any or all of it. Again, the website be updated with instructions on how to submit a written objection once final approval has been granted.